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Questions and Answers
In what scenario would a U.S. Court of Appeals most likely exercise its certiorari power?
In what scenario would a U.S. Court of Appeals most likely exercise its certiorari power?
- When an individual seeks to sue the federal government for damages.
- When a lower court ruling presents a significant question of constitutional law that affects numerous jurisdictions. (correct)
- When a defendant appeals a guilty verdict, claiming insufficient evidence.
- When a state court requests guidance on the interpretation of a state statute.
Which scenario best exemplifies the concept of judicial independence?
Which scenario best exemplifies the concept of judicial independence?
- A judge consistently rules in favor of the political party in power.
- A judge accepts gifts from a powerful lobbyist in exchange for favorable rulings.
- A judge makes a ruling that is unpopular with the public but is based solely on their interpretation of the law. (correct)
- A judge delays a highly publicized case until after an election to avoid political fallout.
How does the ruling in New Jersey v. TLO (1985) impact the Fourth Amendment rights of students?
How does the ruling in New Jersey v. TLO (1985) impact the Fourth Amendment rights of students?
- It requires school officials to obtain a warrant before searching students, regardless of the circumstances.
- It grants students the same Fourth Amendment protections as adults in all situations.
- It establishes that school officials only need reasonable suspicion, not a warrant, to search students. (correct)
- It allows school officials to conduct suspicionless searches of students at any time.
What is the most likely outcome if a higher court reverses a lower court's decision?
What is the most likely outcome if a higher court reverses a lower court's decision?
How did Argersinger v. Hamlin (1972) change the landscape of legal representation for indigent defendants?
How did Argersinger v. Hamlin (1972) change the landscape of legal representation for indigent defendants?
In what way does the concept of Nolle Prosequi protect a defendant's rights?
In what way does the concept of Nolle Prosequi protect a defendant's rights?
What is the central purpose of the Bail Reform Act of 1984?
What is the central purpose of the Bail Reform Act of 1984?
A juvenile court's procedure involves an adjudicatory hearing followed by a disposition hearing, what is this process known as?
A juvenile court's procedure involves an adjudicatory hearing followed by a disposition hearing, what is this process known as?
How does the ruling in Coffin v. U.S. (1895) affect criminal proceedings?
How does the ruling in Coffin v. U.S. (1895) affect criminal proceedings?
What is the purpose of discovery in the pretrial process?
What is the purpose of discovery in the pretrial process?
What is the primary goal of a motion to suppress evidence?
What is the primary goal of a motion to suppress evidence?
How does U.S. v. Salerno (1987) affect the principle of due process?
How does U.S. v. Salerno (1987) affect the principle of due process?
What distinguishes a bench trial from a jury trial?
What distinguishes a bench trial from a jury trial?
What constitutional right is directly related to the process of voir dire?
What constitutional right is directly related to the process of voir dire?
What is the primary purpose of the charge to the jury?
What is the primary purpose of the charge to the jury?
How does circumstantial evidence differ from direct evidence?
How does circumstantial evidence differ from direct evidence?
What is the significance of the Confrontation Clause of the Sixth Amendment?
What is the significance of the Confrontation Clause of the Sixth Amendment?
What is the consequence of a hung jury?
What is the consequence of a hung jury?
What is the role of mitigating circumstances in sentencing?
What is the role of mitigating circumstances in sentencing?
In what situation would a defendant file a motion for a new trial?
In what situation would a defendant file a motion for a new trial?
What is the purpose of a peremptory challenge during jury selection?
What is the purpose of a peremptory challenge during jury selection?
What is the purpose of rebuttal during a criminal trial?
What is the purpose of rebuttal during a criminal trial?
How does an appeal function within the justice system?
How does an appeal function within the justice system?
What is the purpose of asset forfeiture?
What is the purpose of asset forfeiture?
Which of the following sentences best describes the use of boot camps as a correctional method?
Which of the following sentences best describes the use of boot camps as a correctional method?
How does a concurrent sentence differ from a consecutive sentence?
How does a concurrent sentence differ from a consecutive sentence?
What is the main principle behind day fines?
What is the main principle behind day fines?
What is the primary purpose of a Presentence Investigation Report (PSI)?
What is the primary purpose of a Presentence Investigation Report (PSI)?
What is the defining characteristic of determinate sentencing?
What is the defining characteristic of determinate sentencing?
What is electronic monitoring primarily used for in corrections?
What is electronic monitoring primarily used for in corrections?
What does it mean when an appellate court upholds a lower court's decision?
What does it mean when an appellate court upholds a lower court's decision?
What is community service intended to achieve as a form of punishment?
What is community service intended to achieve as a form of punishment?
What is the goal of Intensive Supervision Probation (ISP)?
What is the goal of Intensive Supervision Probation (ISP)?
What impact did the Sentencing Reform Act of 1984 have on federal sentencing?
What impact did the Sentencing Reform Act of 1984 have on federal sentencing?
When might scarlet-letter punishments be considered controversial or problematic?
When might scarlet-letter punishments be considered controversial or problematic?
How does the proportionality doctrine relate to sentencing?
How does the proportionality doctrine relate to sentencing?
What is the most accurate definition of a sentencing statute?
What is the most accurate definition of a sentencing statute?
The Certiorari Power enables a lower court to mandate an appellate court to furnish the record of a case for scrutiny.
The Certiorari Power enables a lower court to mandate an appellate court to furnish the record of a case for scrutiny.
District Attorney is tasked with civilly representing the legal matters for a city, often including prosecutions.
District Attorney is tasked with civilly representing the legal matters for a city, often including prosecutions.
The Speedy Trial Act of 1974 is a state statute that puts time limits on indictments, arrangements, and criminal prosecutions.
The Speedy Trial Act of 1974 is a state statute that puts time limits on indictments, arrangements, and criminal prosecutions.
In Qutb v. Strauss (1993)
, the U.S. Court of Appeals invalidated curfew laws, determining that the liberty of the juvenile was more important than the good of the community.
In Qutb v. Strauss (1993)
, the U.S. Court of Appeals invalidated curfew laws, determining that the liberty of the juvenile was more important than the good of the community.
If a higher court invalidates a ruling previously set, it is known as 'affirmed'.
If a higher court invalidates a ruling previously set, it is known as 'affirmed'.
A U.S. court of appeals functions as an appellate court for all the U.S. states.
A U.S. court of appeals functions as an appellate court for all the U.S. states.
The ruling in New Jersey v TLO (1985) stated that school officials require a search warrant to search students under their supervision.
The ruling in New Jersey v TLO (1985) stated that school officials require a search warrant to search students under their supervision.
According to Coffin v. U.S. (1895), the defendant must actively prove their innocence in line with American criminal law.
According to Coffin v. U.S. (1895), the defendant must actively prove their innocence in line with American criminal law.
When a jury finds a defendant not guilty because the jury believes the defendant does not deserve punishment, this is an example of double jeopardy.
When a jury finds a defendant not guilty because the jury believes the defendant does not deserve punishment, this is an example of double jeopardy.
Scarlet-letter punishments seek primarily to rehabilitate offenders through education and therapy.
Scarlet-letter punishments seek primarily to rehabilitate offenders through education and therapy.
When a jury is unable to reach a decision, the result is known as a directed verdict.
When a jury is unable to reach a decision, the result is known as a directed verdict.
A day fine determines fine amounts based on the severity of the crime, not the offender's income.
A day fine determines fine amounts based on the severity of the crime, not the offender's income.
The U.S. Sentencing Commission is responsible for prosecuting federal crimes.
The U.S. Sentencing Commission is responsible for prosecuting federal crimes.
A motion to suppress is a plea of 'no contest.'
A motion to suppress is a plea of 'no contest.'
When situational factors decrease the severity of a criminal act, these are known as aggravating circumstances.
When situational factors decrease the severity of a criminal act, these are known as aggravating circumstances.
Under the concept of judicial independence, the judiciary should operate completely autonomously, without any consideration of public opinion or the potential impact of its decisions on society.
Under the concept of judicial independence, the judiciary should operate completely autonomously, without any consideration of public opinion or the potential impact of its decisions on society.
The Speedy Trial Act of 1974 mandates that all criminal trials in the United States must commence within 100 days of the defendant's indictment to ensure justice is served promptly.
The Speedy Trial Act of 1974 mandates that all criminal trials in the United States must commence within 100 days of the defendant's indictment to ensure justice is served promptly.
In Argersinger v. Hamlin (1972), the Supreme Court determined that the right to appointed counsel extends to all criminal defendants, irrespective of the potential sentence they might face.
In Argersinger v. Hamlin (1972), the Supreme Court determined that the right to appointed counsel extends to all criminal defendants, irrespective of the potential sentence they might face.
A district attorney is a federal government employee who prosecutes cases involving violations of federal law within a specific geographic district.
A district attorney is a federal government employee who prosecutes cases involving violations of federal law within a specific geographic district.
The ruling in Faretta v. California (1975) established the right of criminal defendants to represent themselves, but it also mandates that they must have legal training or experience to exercise this right effectively.
The ruling in Faretta v. California (1975) established the right of criminal defendants to represent themselves, but it also mandates that they must have legal training or experience to exercise this right effectively.
Exculpatory evidence must be disclosed by the defense to the prosecution before trial so that the prosecution can adequately prepare its case.
Exculpatory evidence must be disclosed by the defense to the prosecution before trial so that the prosecution can adequately prepare its case.
When allegations in a juvenile court petition are sustained, it is exclusively an indication that the juvenile requires social services regardless of whether an offense has factually occurred.
When allegations in a juvenile court petition are sustained, it is exclusively an indication that the juvenile requires social services regardless of whether an offense has factually occurred.
A 'nolo contendere' plea offers the defendant the opportunity to admit criminal culpability privately, thereby avoiding any public record of their admission.
A 'nolo contendere' plea offers the defendant the opportunity to admit criminal culpability privately, thereby avoiding any public record of their admission.
The Bail Reform Act of 1984 allows for the preventative detention of defendants based on dangerousness, but only if they have previously been convicted of a violent felony.
The Bail Reform Act of 1984 allows for the preventative detention of defendants based on dangerousness, but only if they have previously been convicted of a violent felony.
If a judge sustains a 'motion to suppress,' the evidence in question will still be presented at trial, but with a cautionary instruction to the jury to disregard it.
If a judge sustains a 'motion to suppress,' the evidence in question will still be presented at trial, but with a cautionary instruction to the jury to disregard it.
The Confrontation Clause of the Sixth Amendment allows a defendant to cross-examine witnesses, however this right is waived if the witness is deemed especially vulnerable or traumatized by the prospect of testifying.
The Confrontation Clause of the Sixth Amendment allows a defendant to cross-examine witnesses, however this right is waived if the witness is deemed especially vulnerable or traumatized by the prospect of testifying.
In a criminal trial, direct evidence is considered less reliable than circumstantial evidence because it is subject to interpretation and can inherently be misleading.
In a criminal trial, direct evidence is considered less reliable than circumstantial evidence because it is subject to interpretation and can inherently be misleading.
The 'charge to the jury' includes a summary of the evidence presented by both sides, alongside the judge's legal interpretations.
The 'charge to the jury' includes a summary of the evidence presented by both sides, alongside the judge's legal interpretations.
A 'determinate sentence' can be altered by a parole board if the prisoner demonstrates exceptional rehabilitation during their incarceration period.
A 'determinate sentence' can be altered by a parole board if the prisoner demonstrates exceptional rehabilitation during their incarceration period.
Victim impact statements are exclusively considered during the sentencing phase to determine the appropriate punishment for the offender and are inadmissible in any pre-trial proceedings.
Victim impact statements are exclusively considered during the sentencing phase to determine the appropriate punishment for the offender and are inadmissible in any pre-trial proceedings.
Flashcards
Affirmed
Affirmed
The court of appeals agrees with the lower court's decision.
Assembly Line Justice
Assembly Line Justice
Cases processed rapidly in lower courts, potentially overlooking defendant rights.
Certiorari Power
Certiorari Power
Appellate court's power to request case records from a lower court for review.
Courts of General Jurisdiction
Courts of General Jurisdiction
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Judicial Misconduct
Judicial Misconduct
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Judicial Independence
Judicial Independence
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Lower Courts
Lower Courts
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Municipal Courts
Municipal Courts
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Police Courts
Police Courts
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Reversed
Reversed
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Speedy Trial Act of 1974
Speedy Trial Act of 1974
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Traffic Courts
Traffic Courts
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U.S. Courts of Appeal
U.S. Courts of Appeal
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U.S. District Courts
U.S. District Courts
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Assistant U.S. Attorney
Assistant U.S. Attorney
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City Attorney
City Attorney
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District Attorney (D.A.)
District Attorney (D.A.)
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Docket
Docket
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Independent Counsel
Independent Counsel
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Indigent Defendant
Indigent Defendant
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Nolle Prosequi
Nolle Prosequi
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State's Attorney
State's Attorney
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United States Attorneys
United States Attorneys
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Adjudicated Delinquent
Adjudicated Delinquent
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Adjudicatory Hearing
Adjudicatory Hearing
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Bifurcated Hearing
Bifurcated Hearing
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Community Defender Organization
Community Defender Organization
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Discovery
Discovery
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Disposition
Disposition
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Disposition Hearing
Disposition Hearing
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Exculpatory Evidence
Exculpatory Evidence
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Federal Public Defender
Federal Public Defender
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Guilty Plea
Guilty Plea
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Judicial Diversion
Judicial Diversion
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Motion to Suppress
Motion to Suppress
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Nolo Contendere Plea
Nolo Contendere Plea
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Not Guilty Plea
Not Guilty Plea
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Petition
Petition
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Pretrial Motions
Pretrial Motions
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Sustaining the Petition
Sustaining the Petition
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New Jersey v. TLO (1985)
New Jersey v. TLO (1985)
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Kent v. United States (1966)
Kent v. United States (1966)
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Qutb v. Strauss (1993)
Qutb v. Strauss (1993)
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Argersinger v. Hamlin (1972)
Argersinger v. Hamlin (1972)
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Faretta v. California (1975)
Faretta v. California (1975)
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Bail Reform Act of 1984
Bail Reform Act of 1984
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Coffin v. U.S. (1895)
Coffin v. U.S. (1895)
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Release on Recognizance (ROR)
Release on Recognizance (ROR)
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U.S. v. Salerno (1987)
U.S. v. Salerno (1987)
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Aggravating Circumstances
Aggravating Circumstances
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Alibi
Alibi
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Bench Trial
Bench Trial
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Ex Parte
Ex Parte
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Motion for a New Trial
Motion for a New Trial
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Challenge for Cause
Challenge for Cause
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Closing Arguments
Closing Arguments
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Rebuttal
Rebuttal
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Sequester
Sequester
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Testimonial Evidence
Testimonial Evidence
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Asset Forfeiture
Asset Forfeiture
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Determinate Sentencing
Determinate Sentencing
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Electronic Monitoring
Electronic Monitoring
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Good Time
Good Time
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Presentence Investigation Report
Presentence Investigation Report
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Proportionality Doctrine
Proportionality Doctrine
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Victim Impact Statement
Victim Impact Statement
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Study Notes
- Affirmed means the court of appeals agrees with the lower court's decision, which will stand as is.
- Assembly Line Justice is rapid case processing in lower courts, potentially neglecting defendants' rights.
- Certiorari Power is an appellate court's authority to request a lower court's case record for review.
- Courts of General Jurisdiction can hear cases of all kinds, unlike courts of limited jurisdiction handling minor cases.
- Doe v. Renfrow (1981) ruled that suspicionless dog sniffs in public schools are not searches under the Fourth Amendment.
- Judicial Independence is the principle that the judiciary should be free from undue influence from other government branches and private interests.
- Judicial Misconduct refers to unethical behavior by a judge.
- Kent v. United States (1966) established that juveniles must be afforded certain due process rights.
- Lower Courts are courts whose decisions are subject to appeal, often referring to trial courts.
- Municipal Courts are lower courts with jurisdiction over minor offenses within a city.
- New Jersey v. TLO (1985) determined that school officials don't need a warrant to search students under their supervision.
- Police Courts are lower courts that handle minor crimes and violations.
- Qutb v. Strauss (1993) upheld curfew laws as constitutional, balancing community welfare with juvenile liberty.
- Reversed means a higher court has invalidated or revoked a lower court's decision.
- Speedy Trial Act of 1974 set federal time limits for indictments, arraignments, and criminal prosecutions.
- Traffic Courts deal with petty offenses like traffic citations.
- U.S. Courts of Appeal are appellate courts in each of the 11 federal judicial districts.
- U.S. District Courts are the trial courts of general jurisdiction in the federal court system.
Prosecution and Defense
- Argersinger v. Hamlin (1972) requires counsel appointment before a prison sentence is levied.
- Assistant U.S. Attorneys are federal prosecutors in criminal cases.
- City Attorneys are civil servant lawyers representing a city in legal matters, including prosecutions.
- District Attorney (D.A.) is an elected official prosecuting accused persons for the state.
- Docket is a log of a case's history with brief chronological entries summarizing court proceedings.
- Faretta v. California (1975) established the right to self-representation in criminal cases.
- Independent Counsel is a lawyer appointed by the government to investigate government official misconduct.
- Indigent Defendant is someone who cannot afford an attorney.
- Nolle Prosequi is a prosecutor's formal notice of dropping a case.
- State's Attorney represents a state's interests in court, usually as a prosecutor.
- United States Attorneys conduct most of the trial work in which the United States is a party.
Juvenile Court Proceedings
- Adjudicated Delinquent is a juvenile found guilty of a delinquent act.
- Adjudicatory Hearing is a fact-finding process to determine if allegations in a petition are sustained.
- Bail Reform Act of 1984 sets procedures for releasing or detaining an arrested person pending trial, sentence, and appeal.
- Bifurcated Hearing is a two-part juvenile court proceeding separating the adjudicatory and disposition phases.
- Coffin v. U.S. (1895) established the presumption of innocence in American criminal law.
- Community Defender Organization are non-profits providing attorneys to indigent defendants.
- Criminal Justice Act (CJA) of 1964 established a system for appointing and compensating lawyers for indigent defendants in federal criminal proceedings.
- Discovery involves procedures to obtain evidence disclosure before trial.
- Disposition is the phase in juvenile court analogous to sentencing in adult court.
- Disposition Hearing determines appropriate training and treatment for the child.
- Ex Parte is a proceeding brought before a court by one party without notice to the other.
- Exculpatory Evidence tends to prove the defendant's innocence.
- Federal Public Defender is a full-time attorney employed by the federal courts to defend those who cannot afford counsel.
- Guilty Plea is an admission of culpability for a crime.
- Judicial Diversion treats a case without an official conviction record if conditions are met.
- Motion to Suppress requests a judge to disallow certain evidence at trial.
- Nolo Contendere Plea is a "no contest" plea.
- Not Guilty Plea denies culpability for the alleged criminal act.
- Petition is a document filed in juvenile court alleging delinquency and requesting court jurisdiction.
- Post-disposition Hearing determines the outcome for the juvenile.
- Pretrial Motions are motions made before trial, such as motions to suppress evidence.
- Pro Bono Publico means "for the public good," often used for attorneys representing indigent clients for free.
- Racketeering and Corrupt Influence Organization (RICO) is a federal statute designed to prosecute organized crime.
- Release on Recognizance (ROR) releases a defendant based on their promise to return to court.
- Sustaining the Petition is a juvenile judge's finding that allegations are true, analogous to a guilty verdict.
- U.S. v. Salerno (1987) ruled that pretrial detention of a dangerous defendant is not a due process violation if dangerousness is proven.
Trial Procedures and Evidence
- Aggravating Circumstances increase the seriousness of a criminal act.
- Alibi is a defense claiming the accused was elsewhere when the crime occurred.
- Bench Trial is a trial without a jury, where the judge finds the facts.
- Bifurcated Trial has separate phases for determining guilt and sentencing.
- Challenge for Cause excludes a potential juror for a legal reason.
- Charge to the Jury is a judge's explanation of the law to the jury before deliberation.
- Circumstantial Evidence requires an inference to be made by the fact-finder.
- Closing Arguments reiterate each side's main points at the end of a trial.
- Confrontation Clause in the Sixth Amendment guarantees the right to face accusers.
- Direct Evidence proves a fact without needing inferences.
- Double Jeopardy is unconstitutionally prosecuting someone twice for the same offense.
- Federal Rules of Evidence were established by SCOTUS to codify rules for presenting evidence in federal courts.
- Foreperson is the jury leader, responsible for reading the verdict.
- Hearsay is evidence from a witness who didn't directly experience the incident.
- Hung Jury cannot reach a decision, resulting in a mistrial.
- Jury Instructions are a judge's directions to the jury on factual questions and legal rules.
- Jury Nullification is a not guilty verdict based on the jury's belief that the defendant doesn't deserve punishment.
- Mitigating Circumstances reduce culpability, such as the defendant's age or lack of criminal record.
- Motion for a New Trial is a request for a retrial due to significant legal errors.
- Peremptory Challenge allows each side to exclude a limited number of potential jurors without cause.
- Rebuttal is the phase where one side attempts to refute the other's evidence.
- Right to a Public Trial is guaranteed by the Sixth Amendment.
- Right to a Speedy Trial is guaranteed by the Sixth Amendment to prevent lengthy jail time before trial.
- Right to a Trial by Jury is guaranteed by the Sixth Amendment to ensure fair trials.
- Right to Confront Witnesses is the Sixth Amendment guarantee to face accusers in court.
- Right to Notice of Accusations is the Sixth Amendment guarantee to be informed of charges.
- Rules of Evidence govern what evidence is admissible in court.
- Sequester isolates jurors to prevent exposure to outside information.
- Testimonial Evidence is an oral or written statement used as proof.
- Voir Dire is the jury selection process involving questioning potential jurors.
Sentencing and Corrections
- Appeal is a request to a higher court to review a decision.
- Asset Forfeiture is the the confiscation of assets by the government.
- Boot Camps are short-term correctional programs resembling military basic training.
- Community Service is unpaid work for social benefit.
- Concurrent Sentence allows prison terms for multiple offenses to be served simultaneously.
- Consecutive Sentence requires prison terms to be served one after the other.
- Day Fine assesses fine amounts based on the offender's income.
- Death Penalty is a state-sanctioned homicide as punishment for crime.
- Determinate Sentencing is a fixed prison sentence not reduced by parole.
- Electronic Monitoring uses technology to track a person's movements for court-ordered compliance.
- Fine is money paid to the government as punishment.
- Forfeiture is surrendering property to the government as punishment.
- Good Time is time taken off a sentence for good behavior in prison.
- Home Confinement requires individuals to stay at home except for approved activities.
- House Arrest is another name for Home Confinement.
- Indeterminate Sentencing ties imprisonment length to inmate conduct rather than a set term.
- Intensive Supervision Probation (ISP) is an alternative to incarceration with more intense supervision than standard probation.
- Mandatory Sentences limit judicial discretion in sentence length.
- Overturn means a higher court reverses a lower court's decision.
- Presentence Investigation Report summarizes background information for appropriate sentencing.
- Probation releases a person to the community under supervision with certain conditions.
- Proportionality Doctrine dictates that punishment should fit the crime.
- Remand means to send back.
- Scarlet-Letter Punishments aim to humiliate offenders.
- Sentencing is determining punishment for a convicted person.
- Sentencing Hearing is separated from the finding of guilt in some jurisdictions.
- Sentencing Reform Act of 1984 created the U.S. Sentencing Commission to set federal sentencing guidelines.
- Sentencing Statute establishes punishments for specific crimes.
- U.S. Sentencing Commission establishes sentencing policies for the federal court system.
- Uphold means an appellate court agrees with and affirms a lower court's decision.
- Victim Impact Statement is a statement from the victim of a crime to the sentencing judge.
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